LIABILITY WAIVER
WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND COMPULSORY ARBITRATION AGREEMENT
IMPORTANT: Please read this entire document carefully before you sign. If you have any questions about the agreement or how it applies to your activities, please contact The Academy of Oracle Arts customer service at commune@academyoforaclearts.com.
WAIVER AND RELEASE OF LIABILITY. During the Sacred Journey to Egypt conference period from September 21, 2024 - September 25, 2024 or the pilgrimage from September 25, 2024 through October 9, 2024, I, the undersigned, will be taking part in a conference, trip or tour organized for my convenience (the “Tour”) by The Academy of Oracle Arts (“AOA”). I understand and acknowledge that AOA, including its officers, agents, directors, independent contractors, employees, representatives, and affiliates (hereinafter referred to as “RELEASEES”), does not own, operate, or control any entity which provides, or is to provide, any goods or services for the Tour including, but without limitation, for example, ownership or control over any lodging facilities; airline, bus, vessel or other transportation companies; food service providers; local ground operators, outfitters or guides; safari operators; equipment suppliers; organizers of optional excursions; entertainment providers; etc., including, without limitation, various entities which may appear to be controlled or operated by AOA.
Without limitation, RELEASEES are not liable for, and I, the undersigned, RELEASE, WAIVE, AND DISCHARGE RELEASEES from, and COVENANT NOT TO SUE RELEASEES for, any and all liability claims, demands, actions, and causes of action whatsoever arising out of or related to any direct, indirect, consequential, or incidental damage; any injury, loss, or damage to person or property; illness, death, delay, inconvenience or irregularity of any kind in connection with the provision of any goods or services which may be occasioned by or resulting from any act or omission beyond their control, including, but not limited to, any willful or NEGLIGENT act, failure to act, breach of contract of any third party, acts of God, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, climate conditions, high altitude, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, the operation of and/or mechanical or other failure of any means of transportation or for any failure of any transportation mechanism to arrive or depart timely, dangers associated with animals, marine life or vegetation of any sort, dangers incident to any recreational activities (including, but not limited to, activities involving animals, tracking animals, riding on animals, Jet Skiing, SCUBA diving, snorkeling, hot air ballooning, ziplining, high altitude trekking, hiking, climbing, rafting, and any other activity that carries an inherent risk of serious illness, injury, or death), epidemics or pandemics or the threat of such, sanitation problems, consumption of alcoholic beverages or psychoactive earth products/indigenous remedies, other recreational drugs, risks associated with food or impure water, lack of access to or quality of medical care, difficulty in evacuation in case of a medical or other emergency, stolen, lost, or misplaced luggage or property, theft or break-ins into vehicles, lodging rooms or elsewhere, or for any other action, omissions, or conditions. Additionally, I release RELEASEES from their own negligence and assume all risks thereof, including but not limited to arrangement or payments for the trip, selection of suppliers of goods or services, implementing precautions against infectious diseases including but not limited to COVID-19, etc.
ASSUMPTION OF THE RISK. I acknowledge that the travel I am undertaking involves the risks and hazards of travel to and in remote areas where injury, illness, death, delay, or unanticipated events may occur as a result of forces of nature, the NEGLIGENCE of RELEASEES or other persons and companies known or unknown, or of willful or criminal conduct of third parties. I am aware that the travel also involves activities that carry inherent risks that cannot be eliminated regardless of the care taken to avoid injury, including but not limited to consumption of alcoholic beverages or psychoactive earth products/indigenous remedies and other recreational drugs. I am aware that weather conditions may be severe, adverse, and/or unpleasant. I am also aware that medical services or facilities may not be readily available or accessible during some or all of the time during which I am participating in the trip. I am aware that COVID-19, caused by the novel coronavirus and declared a worldwide pandemic by the World Health Organization (WHO), can cause serious and potentially life-threatening illness and even death, that it is not possible to fully prevent trip participants from becoming exposed to, contracting, or spreading COVID-19 while participating in trips, events, or programs organized by RELEASEES, and to fully prevent trip participants from becoming exposed to, contracting, or spreading COVID-19 while participating in trips, events, or programs organized by RELEASEES. I AM UNDER NO OBLIGATION TO PARTAKE IN ANY OF THE ACTIVITIES DESCRIBED HEREIN OR THAT I MAY ENCOUNTER ON THE TOUR AND I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in in the travel I am undertaking, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.
ITINERARIES. I accept that while traveling to the trip’s destinations, disruptions and unforeseen situations may and oftentimes do occur, including, but not limited to delay; partial or complete changes in timing or routing of itinerary; changes in announced trip leaders; changes in grades of or location of lodging or camping accommodations; modes or quality of air, land, and/or sea transport. I agree that RELEASEES, or the operator organizing or arranging the trip, may make last-minute decisions to address changed circumstances. I acknowledge that RELEASEES do not guarantee conformity with the itinerary or itineraries that have been furnished to me and reserve the right to change the itinerary or itineraries with or without notice.
TRAVEL DOCUMENTS. I acknowledge that RELEASEES are not responsible for provision of visas for travelers and give no advice regarding visas. It is my responsibility to ensure that I have all appropriate documentation, including passport, visas, and permits allowing me to travel to the countries included on the Tour.
IMMUNIZATIONS AND TRAVEL RISKS. I understand that immunization requirements vary from country to country and even region to region (up-to date information should be obtained from local health departments and consulates). I hereby voluntarily assume complete and full responsibility for, and hereby release RELEASEES from, any duty of checking and verifying vaccination or other entry requirements of each destination, as well as all safety and security conditions of such destinations during the length of the proposed travel or extensions expected or unexpected. For information concerning possible dangers at international destinations, contact the Travel Advisory Section provided by the government of your country. You may wish to also consult your family physician.
VOLUNTARY PARTICIPATION. I acknowledge and agree that by participating in a AOA trip, I am doing so willingly and of my own volition. I understand that travel with RELEASEES may entail risks above and beyond those encountered in travel to destinations in the industrialized world. By signing below, I unconditionally understand and agree fully to assume all of the risks inherent in such travel.
COMPLIANCE WITH PUBLIC HEALTH AND GUIDELINES. I understand that the risk of spreading or contracting COVID-19 can be reduced, but not eliminated, by following public health guidelines. I agree to comply with all applicable local and national regulations and procedures to reduce the spread while on a AOA-organized trip.
DISPUTE RESOLUTION, MEDIATION AND ARBITRATION: If issues arise over the production of the Conference, the terms of this Release, Assumption of Risk, their interpretation, and any of the matters herein released, both parties commit to participating in an online mediation with a qualified professional mediator to resolve any dispute. The cost of the mediator’s services shall be shared equally. Should either party refuse to participate in a mediation of any dispute, that party will be subject to payment of the other party’s legal fees if any. If an agreement cannot be made through meditation, then the parties commit to binding arbitration in San Francisco, California by JAMS under its Streamlined Arbitration Rules and Procedures as a way to resolve any differences. This Agreement shall be governed by and construed in accordance with the laws of California that are applicable to the agreements executed and to be fully performed under this Agreement. It is agreed that only federal courts and California State courts will have jurisdiction over the parties and any controversies regarding this Agreement. Any action or proceeding which involves such controversy will be brought only in those courts, and the process may be served by any receipted form of delivery.
The Parties agree that the prevailing Party in any arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. BY SIGNING THIS RELEASE, ASSUMPTION OF RISK, AND COMPULSORY ARBITRATION AGREEMENT, I AM WAIVING ANY RIGHT, STATUTORY OR OTHERWISE, TO A TRIAL BY JURY.
GENERAL PROVISIONS. It is my express intent that this Release, Assumption of Risk, and Compulsory Arbitration Agreement shall bind myself, all minors under the age of 18 traveling with me, their heirs, successors, assigns, and legal representatives, the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES.
SEVERABILITY. I understand and acknowledge that this Release, Assumption of Risk, and Compulsory Arbitration Agreement is intended to be as broad and inclusive as permitted by law.
If any portion of this Release, Assumption of Risk, and Compulsory Arbitration Agreement is deemed invalid, such portion shall be severed and shall be inoperative, and provided that the fundamental terms and conditions of this Release, Assumption of Risk, and Compulsory
Arbitration Agreement (including, without limitation, the waiver and release of liability and assumption of the risk provisions) remain legal and enforceable, the remainder of this Release, Assumption of Risk, and Compulsory Arbitration Agreement shall remain operative and binding.
KNOWING AND VOLUNTARY EXECUTION. I confirm that I have carefully read, fully understand, and agree to all of the terms and conditions contained in all AOA materials provided to me, including, but not limited to, the policies on payments, cancellations, refunds, limitation of liability, and trip participant responsibility. I also confirm that I will fully read and understand the pre-departure information given to me by AOA, or the operator organizing or arranging the trip, including all the health-related materials. I have carefully read this Release, Assumption of Risk, and Compulsory Arbitration Agreement, fully understand its contents, and understand that I am giving up substantial rights by signing it and do so voluntarily and intend to completely release RELEASEES from liability to the greatest extent allowed by law.
By entering my name below and submitting this form, I agree to accept the terms of this waiver.